Bill S3462-2013

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent.

Details

Actions

  • Feb 11, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 10, 2013: referred to judiciary
  • Jun 10, 2013: DELIVERED TO ASSEMBLY
  • Jun 10, 2013: PASSED SENATE
  • Jun 4, 2013: ORDERED TO THIRD READING CAL.1030
  • Jun 4, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 4, 2013: OPINION REFERRED TO JUDICIARY
  • Feb 6, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Feb 4, 2013: REFERRED TO JUDICIARY

Meetings

Calendars

Votes

Memo

BILL NUMBER:S3462

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 8 of article 4 of the constitution, in relation to legislative review of rules and regulations

PURPOSE: To allow the legislature to invalidate regulations that are not consistent with legislative intent or which are likely to have a substantial unanticipated fiscal impact on the state or local governments.

SUMMARY OF PROVISIONS: This bill will amend the Constitution to allow the legislature by majority vote of both houses to invalidate regulations not consistent with the legislative intent or which are likely to have a substantial unanticipated fiscal impact on the state or local governments.

EXISTING LAW: There is no provision similar to this in the New York Constitution.

JUSTIFICATION: The intent of the legislature in passing a particular statute must be the paramount concern in drafting rules and regulations implementing the statute. The will of the legislature should not be altered or circumvented by state agencies drafting rules and regulations. When rules and regulations exceed or stray from the legislative intent, there may be unanticipated burdens placed on the constituents of the legislators which voted for the legislation at issue. In addition, in these tight financial times, it is also important that regulations do not impose costs on the state or local governments which were not anticipated by the legislature at the time of passage of the legislation which the regulations are implementing.

This bill would allow the legislature to identify and eliminate regulations that the legislature never intended which may impose needless burdens and costs on consumers, businesses or government. Specifically, this bill would amend the Constitution to authorize the legislature to review any rule or regulation to determine if it is consistent with the intent of the legislature or if it would have a substantial unanticipated fiscal impact on the state or local governments. Upon making such a finding through a concurrent resolution to the governor and the head of the appropriate agency, the agency would be required to amend or withdraw the regulation. In the event that the agency fails to take such action within thirty days, the legislature may vote to invalidate such regulation.

LEGISLATIVE HISTORY: S.2381 of 2011-12; S.3048 of 2009-10; S.6982 of 2008.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the Assembly concur). That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 3462 2013-2014 Regular Sessions IN SENATE February 4, 2013 ___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 8 of article 4 of the constitution, in relation to legislative review of rules and regulations Section 1. Resolved (if the Assembly concur), That section 8 of arti- cle 4 of the constitution be amended to read as follows: S 8. No rule or regulation made by any state department, board, bureau, officer, authority or commission, except such as relates to the organization or internal management of a state department, board, bureau, authority or commission shall be effective until it is filed in the office of the department of state. The legislature shall provide for the speedy publication of such rules and regulations by appropriate laws. THE LEGISLATURE MAY REVIEW ANY RULE OR REGULATION TO DETERMINE IF THE RULE OR REGULATION IS CONSISTENT WITH THE INTENT OF THE LEGISLATURE AS EXPRESSED IN THE LANGUAGE OF THE STATUTE WHICH THE RULE OR REGULATION IS INTENDED TO IMPLEMENT AND/OR TO DETERMINE WHETHER THE RULE OR REGU- LATION IS LIKELY TO HAVE A SUBSTANTIAL FISCAL IMPACT ON THE STATE OR LOCAL GOVERNMENTS WHICH WAS NOT ANTICIPATED BY THE LEGISLATURE AT THE TIME OF THE PASSAGE OF THE LEGISLATION. UPON A FINDING THAT AN EXISTING OR PROPOSED RULE OR REGULATION IS NOT CONSISTENT WITH LEGISLATIVE INTENT AND/OR A FINDING OF A SUBSTANTIAL UNANTICIPATED FISCAL IMPACT ON THE STATE OR LOCAL GOVERNMENTS, THE LEGISLATURE SHALL TRANSMIT THIS FINDING IN THE FORM OF A CONCURRENT RESOLUTION TO THE GOVERNOR AND THE HEAD OF THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION WHICH PROMULGATED, OR PLANS TO PROMULGATE, THE RULE OR REGULATION. THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION SHALL HAVE THIRTY DAYS TO AMEND OR WITHDRAW THE EXISTING OR PROPOSED RULE OR REGULATION. IF THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION DOES NOT AMEND OR WITHDRAW THE EXISTING OR PROPOSED RULE OR REGULATION, THE LEGISLATURE MAY INVALIDATE THAT RULE OR REGULATION, IN WHOLE OR IN PART, OR MAY PROHIBIT THAT PROPOSED RULE OR REGULATION, IN WHOLE OR IN PART, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89107-01-3 S. 3462 2 FROM TAKING EFFECT BY A VOTE OF A MAJORITY OF THE AUTHORIZED MEMBERSHIP OF EACH HOUSE IN FAVOR OF A CONCURRENT RESOLUTION PROVIDING FOR INVALI- DATION OR PROHIBITION, AS THE CASE MAY BE, OF THE RULE OR REGULATION. S 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

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